Smith v. Browne et al

Filing 12

ORDER ADOPTING REPORT AND RECOMMENDATION re 8 and Plaintiff's Objections 10 ; Plaintiff's application to proceed in forma pauperis 4 and motion to amend 5 are DENIED, Plaintiff's proposed complaint is DISMISSED without leave to amend; this dismissal is a strike under 28 USC 1915; signed by Judge Ronald B. Leighton. **1 PAGE(S), PRINT ALL**(John Smith, Prisoner ID: 351176)(DN)

HONORABLE RONALD B. LEIGHTON

1
2
3
4
5
6

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA

7
8
9

JOHN GARRETT SMITH,
Plaintiff,

10
11

v.

CASE NO. C18-5166 RBL
ORDER

JOHN HENRY BROWNE,

12

Defendant.

13
14
15
16
17
18
19
20

THIS MATTER is before the Court on Magistrate Judge Fricke’s Report and
Recommendation [Dkt. # 8], and Plaintiff Smith’s Objections [Dkt. # 10] to that R & R.
The Objections are not well-taken.
The R&R is ADOPTED. Smith’s application to proceed in forma pauperis [Dkt. # 4] and
motion to amend [Dkt. # 5] are DENIED, and Smith’s proposed complaint [Dkt. # 1-1] is
DISMISSED without leave to amend. The Court find this action to be frivolous and/or malicious and
will treat the dismissal as a strike under 28 U.S.C. § 1915.

IT IS SO ORDERED.
Dated this 30th day of July, 2018.

A

21
22

Ronald B. Leighton
United States District Judge

23
24

ORDER - 1